PFAS, or per- and polyfluoroalkyl substances, are a group of synthetic chemicals that have emerged as an environmental and public health concern due to their extraordinary bond strength and resistance to degradation, earning them the nickname “forever chemicals.” For small water systems, the threat of PFAS contamination in drinking water supply can be a daunting concern. However, recent class-action lawsuits against major PFAS producers offer potential avenues for compensation and support. Where did these settlements come from? Who qualifies, and when are the deadlines for taking action? This article aims to provide you with this essential information and more.
I. Understanding the Class Action Lawsuit
The Public Water System PFAS settlements involve industrial producers 3M, DuPont, and most recently Tyco Fire Products. These companies are involved in allegations related to contaminating drinking water supplies with fluorinated chemicals known as PFAS, leading to a class action lawsuit and ultimately these settlements. A class action lawsuit is a legal action filed on behalf of a group of people or entities who have suffered similar harm or damages. These settlements allocate compensation funds to address PFAS contamination remediation efforts in Public Water Systems (PWSs) across the United States. While 3M and DuPont have not admitted to any violations or wrongdoing, they have agreed to these settlements to avoid further legal proceedings. While Tyco Fire Products’ settlement is pending preliminary approval, Tyco has committed to paying $750 million to water providers in addition to the approximately $12 billion promised by DuPont and 3M. There are at least 17 other companies (defendants) with the potential to contribute additional funding to these settlements.
II. Settlements Overview & Key Deadlines
These settlements aim to compensate PWSs for testing, planning, construction of treatment, ongoing operation and maintenance, and other costs related to PFAS contamination. All PWSs in the US who have a detectable level of PFAS contamination are eligible to join these settlements, except for those who have opted out to pursue separate litigation.
The first claims deadline has been established. Below are key upcoming dates:
| Deadline Type | DuPont Deadline Date | 3M Deadline Date |
| Phase One PWS Settlement Claims Form | 6/17/2024 | 7/5/2024 |
| Phase One Special Needs Claims Form | 8/1/2024 | 8/19/2024 |
| Phase Two Testing Claims Form | 1/1/2026 | 1/1/2026 |
| Phase Two PWS Claims Form | 6/30/2026 | 7/31/2026 |
| Phase Two Special Needs Claims Form | 8/1/2026 | 8/1/2026 |
| Phase One Supplemental Fund Claims Form | 12/31/2030 | 12/31/2030 |
| Phase Two Supplemental Fund Claims Form | 12/31/2030 | 12/31/2030 |
*In these settlements, “special needs” refers to extra compensation for water systems needing additional measures beyond standard PFAS treatment, such as securing alternative water sources or addressing unique contamination challenges.
III. Actions to Take
Learn More: Review the latest deadlines, eligibility criteria, allocation ranges, and submission requirements to ensure timely participation to access your right to compensation. Settlement Website: https://www.pfaswatersettlement.com
Assess Your Situation: Evaluate the extent of PFAS contamination in your water system and estimate associated costs for remediation efforts.
Submit Claims Form: If eligible, submit a claims form provided by the settlement administrators to access compensation funds. Note that by submitting a claims form, you agree not to pursue further legal action against 3M, DuPont, or any parties released by the settlements regarding the claims made in these cases. Submit 3M and/or DuPont Claim Here
Stay Informed: Keep track of important updates and deadlines related to the settlements to ensure timely action. Regularly check the settlement website for updates, schedule a meeting to ask questions or discuss the settlement agreements, attend any informational meetings or webinars made available regarding PFAS or these settlements.
EFCN Webinar on PFAS: June 11, 2024: PFAS Today, Tomorrow, and Forever: MCLs are Here! Now What?
Remember to Seek Professional Advice: If your water system encounters complexities or uncertainties that cannot be resolved through available resources, consider consulting legal professionals or experts specializing in PFAS contamination for tailored guidance and support.
Conclusion
With the challenges posed by PFAS contamination, it’s important for small water systems to understand how these settlements might offer compensation and support. Through proactive engagement with the process and seeking assistance when needed, communities can work together to address challenges posed by PFAS contamination. It’s also important to recognize that PFAS contamination extends beyond drinking water supplies to include wastewater management. This underscores the broad impact and urgency of remediation efforts across all aspects of water management. Wastewater professionals and water resource managers play a critical role in the protection of our water resources against PFAS. By fostering collaboration and knowledge-sharing within the water sector, we can safeguard public health and the environment for generations to come.
Additional Resources:
Webinar Recording | EPA Small Drinking Water System Series: PFAS Drinking Water Regulation and Treatment Methods
3M and Dupont PFAS Settlement: FAQs for Public Water Systems by the Southwest Environmental Finance Center (link to Sami’s infosheet)
Communications Hub | ERIS PFAS Risk Communications Hub